Order 6 – Pleadings Generally

1. What is a Pleading? (Rule 1)

• Definition: Under Order VI Rule 1, a "Pleading" means a Plaint or written statement.

2. Fundamental Rules of Pleading (Rule 2 & 3)

• What to Contain: Every pleading must contain Material facts only. It must NOT contain the evidence (facta probantia) by which those facts are to be proved.
• Formatting Rules: Every pleading must be divided into consecutive numbered paragraphs.
• Standard Forms: Under Order VI Rule 3, pleadings must follow the forms prescribed in Appendix A of the CPC.

3. Particulars and Better Statements

• Specific Particulars: Full particulars (including dates and items) are mandatory when pleading fraud, misrepresentation, breach of trust, willful default, or undue influence.
• Clarifications: If a suit is not stating particular facts clearly, a Better statement (further and better particulars) is required by the party to clarify the case.

4. Striking Out Pleadings (Rule 16)

• Opponent's Pleadings: Order VI Rule 16 deals with amendments or striking out of pleadings that a party desires to be made in his opponent's pleadings.
• Grounds for Striking Out: The Court may, at any stage of the proceedings, order any matter to be struck out or amended if it is:

5. Amendment of Pleadings & Strict Rules (Rules 7, 17, & 18)

• No Departure (Rule 7): No pleading can raise any new ground of claim or contain any Allegation of fact that is inconsistent with their previous pleadings, except by way of amendment.
• Purpose of Amendment (Rule 17): The court allows a party to alter or amend their own pleadings to determine the Real question in controversy between the parties.
• Time Limit to Amend (Rule 18): If the court grants permission to amend but does not specify a timeline, the amendment must be made within 14 days from the date of the order.

6. Particulars Required in a Plaint (Order VII Rules 1 & 2)

• General Contents: A plaint must contain specific particulars, including:
• Money Suits (Order VII Rule 2): Where the plaintiff seeks the recovery of money, the plaint must state the Precise amount claimed (except in specific cases like unsettled accounts or mesne profits where an estimate is allowed).